STATE v. RICHEY

No. 2021AP142-CR.

983 N.W.2d 617 (2022)

405 Wis.2d 132

2022 WI 106

STATE of Wisconsin, Plaintiff-Respondent, v. Charles W. RICHEY, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Opinion Filed: December 9, 2022.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner, there were briefs filed by Vicki Zick and Zick Legal, LLC, Johnson Creek. There was an oral argument by Vicki Zick .

For the plaintiff-respondent, there was a brief filed by Nicholas S. DeSantis , assistant attorney general, with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Nicholas S. DeSantis , assistant attorney general.

DALLET, J., delivered the majority opinion of the Court, in which ANN WALSH BRADLEY, REBECCA GRASSL BRADLEY, and KAROFSKY, JJ., joined. ROGGENSACK, J., filed a dissenting opinion, in which ZIEGLER, C.J., and HAGEDORN, J., joined.


¶1 The Fourth Amendment requires a police officer to have particularized reasonable suspicion that a crime or non-criminal traffic violation took place before performing a traffic stop. Here, a stop based on the generic description of a Harley-Davidson motorcycle recently seen driving erratically in the area fell short...

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